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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 307
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That Article 1 of the Constitution recognizes the human person as the
origin and the end of the activity of the State, which is organized for the attainment of justice, of legal certainty and of the common good. Also to recognize as a human person every human being from the moment of his conception. In
consequence, it is the obligation of the State, to assure the inhabitants of the Republic the enjoyment of freedom, health, culture, economic well-being and social justice.
II.-That the Constitution in its article 65, establishes that the The health of the inhabitants constitutes a public good and that the State and the people are obliged to watch
for its conservation and establishment.
III.-That currently there are in our legislation some rights and duties both
of patients as health service providers, who are found in several law bodies, which sometimes complicated their knowledge, and it becomes necessary to dictate a law that regulates and guarantees the rights and duties
of patients and health service providers.
BY TANTO,
in use of their faculties Constitutional and at the initiative of the Diputados and Deputies Lorena Guadalupe Peña Mendoza, Norman Noel Quijano González, Santiago Flores Alfaro, Guillermo Francisco
Mata Bennett, Manuel Orlando Cabrera Candray, Zoila Beatriz Quijada Solis, Juan Carlos Mendoza Portillo, Ana Marina Alvarenga Barahona, Rodrigo Avila Avilés, Silvia Alejandrina Castro Figueroa, Ricardo Humberto Contreras Henriquez, Rosa Alma Cruz Marinero, Juan Manuel de Jesus Flores Cornejo, Norma Fidelia Guevara de Ramírios, Audelia Guadalupe Lopez de Kleutgens, Rolando Mata Fuentes, Sonia Margarita
Rodriguez Siguenza, Karina Ivette Sosa, Guadalupe Antonio Vásquez Martínez, Francisco José Zablah Safie and with the support of the Martyr Arnoldo Marín Villanueva, with the initiative of the deputies of the legislative period 2003-2006 Jorge Antonio Escobar Rosa legislature 2013-2015 Blanca Noemi Coto,
Emma Julia Fabian Hernandez, Irma Lourdes Palacios, Oscar Ernesto Novoa Ayala and Othon Sigfrido Reyes Morales.
DECRETA the following:
LAW OF DUTIES AND PATIENTS ' RIGHTS AND
HEALTH SERVICE PROVIDERS
TITLE I
CHAPTER I
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GENERAL PROVISIONS
Object of Law
Art. 1.-The purpose of this Law is to regulate and guarantee the rights and duties of patients who request or receive health services, as well as public service providers,
private and self-employed, including the Salvadoran Social Security Institute.
Application Scope
Art. 2.-The scope of this Law is mandatory for all patients and users who use health services, and all public, private or autonomous institutions,
including the Salvadoran Insurance Institute Social to be dedicated to the provision of health services.
CHAPTER II RECTOR, SANCTIONING AUTHORITY
Governing Body
Art. 3.-For compliance with this Law, the governing body will be the Ministry of Health, who
will issue the necessary policies, technical standards, and determine actions to ensure compliance with the Law.
Rector
Art. 4.-The Ministry of Health, has the following powers:
a) Elaborate and propose, to the President of the Republic, the Regulation of this Law;
b) Issue technical standards to be met by the required subjects, in the application of the
present Law;
c) Verify the fulfillment of the rights and duties of patients, in the institutions
that make up the National Health System, and in coordination with the Council the private sphere;
d) Promote health care improvement programs;
e) Ensure the dissemination of rights and Patient duties and service providers
of health, both public and private;
f) Authorizing the internal regulations of public hospital service providers
and private, meeting the objectives of this Act;
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g) Constitution and good functioning of Ethics Committees in establishments public hospitals, self-employed, and coordinate with the Council, regarding the private sector;
h) Coordinate actions, which in the field of patients ' rights and duties, considered in this Law, should be implemented by the public, private, self-employed health services and the Salvadoran Institute of Social Security; e,
i) The other privileges established by this Law and its Regulations.
Technical Standards
Art. 5.-The technical standards, to be issued by the governing body, shall regulate the following:
a) Conformation, custody and consultation of clinical records;
b) Essential requirements of the internal regulations of service providers public health, private, autonomous, including the Salvadoran Social Security Institute; according to the offer of services and the levels of care; and,
c) Minimum requirements, which must contain the document for the granting of informed consent, for medical, surgical and
research procedures.
All of the above must be developed with consultative participation from the private sector, public,
self-employed and including the Salvadoran Social Security Institute.
Health Authority
Art. 6.-For the application of the sanctions referred to in this Law, they will be the Boards of Surveillance of the Professions, hereinafter "the Boards" or "The Board" and the Superior Council of Public Health, hereinafter "The Council".
Sanctioning Authority
Art. 7.-They are Council attributions, the following:
a) Verify compliance with this Law, by health service providers
public, private, self-employed, and including the Salvadoran Social Security Institute;
b) Present to the Ministry of Health the observations and recommendations, for the best
compliance with this Law; and,
c) Submit to the sanctioning process, those health service providers, who
do not comply with the present Law.
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Complaint Office
Art. 8.-The Council's Complaint Office, which may be abbreviated as "OTD", as an auxiliary body, shall have the following powers, within the framework of application of this Law:
a) Receiving the corresponding complaints from the patients, family members, legal representatives
and public and private health professionals, including the Salvadoran Social Security Institute, who consider that their rights have been violated in the reception or delivery of health services;
b) Review and analyze complaints, and propose by way of an opinion motivated, to the respective Board, the admission or not of the same;
c) To instruct the administrative sanctioning procedures to be determined by the competent bodies, collecting and valuing the tests incorporated, proposing to them,
by means of a reasoned opinion, whether or not the administrative responsibility and the imposition of penalties are laid down where relevant; and,
d) Classifying and reskeeping the files during processing and the fenudies; due confidentiality of the information provided.
CHAPTER III DEFINITIONS
Definitions
Art. 9. For the purpose and purpose of this Law, the following definitions shall be used:
a) Health service providers: shall be understood as such, any natural or legal person, public or private, autonomous, institutional, individual or collective, duly
accredited, certified and authorized in accordance with the law, the activity of which is to provide health services whether they are hospital or outpatient in a public or private manner;
b) public health services are public establishments, such as: hospitals, clinics, health care units, health care homes, offices,
medical centers, laboratories, and others included in the public network that provide health services;
c) Private health service providers: those natural or legal persons, who independently provide health services to people through offices, clinics, hospitals, laboratories, ambulances and home visits, between
others.
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In this character, non-profit associations and foundations are included
d) Health professionals: any person who carries out his duties and is duly accredited, certified and authorised to do so, in the field of a public health service or private, which is a permanent or temporary activity, remunerated or not;
e) health: is any person who carries out activities, administrative, technical, auxiliary and general services, in the field of a public health service
or private;
f) Patient: is any person who demands health services in public institutions,
private and autonomous;
g) User: any person who acquires the right to use health goods or services;
h) Accompanying: any person accompanying a patient, as long as the patient is receiving health services;
i) High-hospital: time at which the medical professional authorizes a hospital patient who is hospitalized or receiving treatment, at public or private health facilities
to be able to continue their treatment outside of the facility and to participate in their normal activities, or is in a temporary or permanent disability situation;
j) High-medical: This, when the optional, ends the outpatient treatment to a patient, either by cure or voluntary decision;
k) High volunteer: time in which a hospital or outpatient patient, who is receiving treatment or recovering from some pathology, voluntarily requests their discharge and suspension of their treatment, despite the clarification of
the risks that this entails, from the health personnel;
l) Informed Consent: is the document that contains the express conformity of the
patient or legal representative, expressed in writing, prior to obtaining the appropriate, sufficient and continuous information, clearly understandable to him, to an intervention surgical, therapeutic procedure, diagnosis, scientific research,
and in General condition that procedures are carried out that carry risks relevant to health; the same may be withdrawn at any time;
m) Urgency: all of that pathology not necessarily fatal, but that necessarily its Attention should not be delayed for more than six hours;
n) Emergency: is any urgent situation where the person's life is in danger or
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the function of some organ. This is the case in which the lack of health care would lead to death in minutes and in which the application of first aid by any person is of primary importance;
o) Abandoned patient: it is that patient who does not is in full use of his or her mental faculties and has no family or legal representative to respond to them, at the time requiring emergency or emergency medical care;
p) Family members: person with the degree of kinship Closest to the patient and to the same degree, the older one, the older one; and,
q) Representative: is the person who decides for a patient, with or without authorization from the patient, who will respond when receiving care.
CHAPTER IV
PATIENTS ' RIGHTS AND DUTIES
Section 1
PATIENTS ' RIGHTS
Care Right
Art. 10.-Every patient has the right to be cared for in a timely, efficient and quality manner, by a health service provider when requested or required, comprising the intended actions
for the promotion, prevention, healing, rehabilitation of health and palliative care according to existing standards.
Right to Equal Treatment
Art. 11.-The patient will receive at all times of his attention a dignified treatment, with respect, care, courtesy, safeguarding his human dignity and intimacy and without any discrimination for reasons
of race, sex, religion, age, condition economic, social, party, political and ideological.
Right to Qualified Care
Art. 12.-The patient has the right to health care with quality and warmth, with health professionals and health workers duly accredited, certified and authorized by the authorities
competent for the exercise of their duties or functions, in the public and private sphere.
Right to Information
Art. 13.-The patient or his/her representative must receive in verbal and written form, from the health service provider, during their care, the following information, in a timely, truthful, simple way
and understandable according to their problem:
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a) Full name of the healthcare professional who will serve you and your registration number in the Monitoring Board;
b) Your diagnosis, treatment, alternatives, risk, evolution and respective prognosis;
c) Receive the information and explanation in a timely and as clear manner as possible of your diagnosis, laboratory, from your treatment, images, biopsies; as well
Medication and procedures secondary;
d) Estimated length of stay in case of hospitalization and treatment; in cases that
may be specified;
e) The chances of success, risk and the consequences of rejecting o interrupt a
treatment; and,
f) In the private domain the patient has the right to know, at any time, the
estimated costs of his hospitalization, treatment and medical fees, considering the circumstances of the same.
All information referred to above shall be provided to the representative, when the patient is not in use for their full faculties.
High Hospital Content
Art. 14.-Every patient or his/her representative at the time of his/her discharge, will be
provided in writing a report on the care received, which at least contains:
a) Name of the doctor responsible and interconsulted regarding your treatment, and your
registration number;
b) Your diagnosis of income and your diagnosis of discharge;
c) Test results, procedures performed related to your primary diagnosis;
d) Internment time and treatment period;
e) The indications to follow, to continue with outpatient treatment; and,
f) In case of private services, detailed information on the costs, fees and procedures for recovery of the health benefits that were applied to them must be
Informed Consent Law
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Art. 15.-Any medical care procedure shall be agreed between the patient or his representative and the health service provider, after receiving adequate, sufficient and continuous information; what must be stated in writing and signed by the patient or your representative, on the form
authorized for that purpose.
Informed Consent in Medical Research Cases
Art. 16.-Every patient who is proposed to be part of a medical investigation must record his or her will, in the form indicated, and receive adequate and sufficient information, which must comply with the following conditions:
a) Your diagnosis, prognosis, therapeutic alternatives, surgical interventions and invasive and non-invasive diagnostic tests;
b) Name of the research and objectives of the same in which you will participate;
c) Risks and present and future disadvantages of participating in this study, as well as the inconvenience could generate;
d) Rights, responsibilities and benefits as a participant in that study;
e) Receive a copy of the ethical standards for research with human subjects and guidelines
international ethics for the Biomedical research in human beings;
f) Confidentiality and information management, that is, in writing, must be guaranteed
that your data cannot be seen or used by other people outside the study, nor for different purposes to which you set the signature document; and,
g) Voluntary retirement participate in the study, without this decision having an impact on the care it receives at the institute or center in which it is attended, so it will not lose any benefit as a patient.
Granting the Consent for Replacement
Art. 17.-Informed consent shall be granted by substitution in the following cases:
a) Spouse or survivor, or family members, when the patient is circumstantially unfit to take them. In the case of family members, he will have a preference for the degree of degree
and, in the same degree, the older one. If the patient has previously designated a person, for the purposes of the issue on his/her behalf, the preference shall be the preference;
b) When the patient is a child, child or adolescent, or is an incapacitated person. legally, the right corresponds to your parents or legal representative, which must credit
clear and unequivocal form, which is legally enabled to make decisions that
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affect the patient; and,
c) In the case of granting consent by replacement, this may be removed
at any time in the interest of the patient, by the same patient or the person who awarded it.
Exceptions to the Requiring of Informed Consent
Art. 18.-There are situations of exception to the requirement of informed consent, the following:
a) When non-intervention poses an epidemiological risk to public health, as determined by the health authorities;
b) When the patient is not able to make decisions and there are no family or legal representatives, or the latter are refused unjustifiably to lend, so that they cause a serious risk to the patient's health and whenever they are left constancy
in writing of these circumstances;
c) To an emergency situation that do not allow for delays because there is a risk of injury
irreversible or death, and the alteration of the judgment of the patient does not allow obtaining their consent; and,
d) In an emergency situation of abandoned patient without full use of their mental faculties, the medical professional will make the corresponding decisions in order to provide adequate medical support.
The situation of abandonment and medical actions should be recorded in the file.
In these cases, the necessary interventions can be carried out from the point of clinical view in favor of the health of the affected person, giving the physician the right to take decisions.
As soon as the emergency or emergency situation has been overcome, the patient
be informed of the situation without prejudice to the patient.
Right to Privacy
Art. 19. All patients will be guaranteed privacy and privacy during their clinical exploration and hospital stay. The patient may be accompanied by a family member if he considers it.
For cases where a child, child or adolescent or disabled person is involved, they must always be accompanied by a family member or legal representative.
to Confidentiality
Art. 20.-Patients will have the right to respect the confidential nature of their file
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clinical and all information regarding diagnosis, treatment, stay, forecast and information about your illness or illness, unless you have written authorization or because there are compelling legal or medical reasons, such information should be disclosed.
Right to Formulate Suggestions, Consultations, and Recipes
Art. 21.-Patients, family members or representatives shall be entitled to make suggestions,
inquiries, complaints and claims they deem relevant, in an office established locally for that purpose, with respect to the health care they receive, and obtain written response in accordance with the procedures and forms established by the provider of public or private health services,
including the Salvadoran Social Security Institute, and must classify and resolve immediate according to the level of priority; the Regulation of this Law will regulate the prioritisation of cases and their response time.
Right to Second Opinion
Art. 22.-Patients, relatives or representatives, will have the right to request a second opinion regarding the diagnosis of their health status and therapeutic alternatives, in the face of any concerns or doubts. In the private area the costs will be borne by the patient.
Right to Know Costs
Art. 23.-In the private sector, patients, relatives or representatives, after being informed about their health care procedure, will know the contribution of health services in advance, in cases where subsequent modifications are made. During the procedure, you must be justified
and informed by health service providers.
Right to Medicines and Other
Art. 24. Patients in the public sector and patients of the Salvadoran Social Security Institute have the right to medication on the official list of medications, medical supplies, and laboratory and cabinet tests, indicated by the physician. according to the level of care, based on the
standards and protocols of care for each institution.
Right to Visit
Art. 25.-Every patient has the right to be visited by his or her family members and known persons, according to the schedule of care regulated by the establishment authorities, allowing the
to accompany a person in the night time when the patient's needs or the severity of his or her health care so merit.
Section 2th PATIENT DUTIES
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Duty to Respect Health Equipment
Art. 26.-Any patient, family member, companion or legal representative, who requests or receives a
outpatient or hospital treatment, must treat the health team members respectfully, be they professional, technical or administrative; as well as other patients who are requesting or receiving health services; except for patients whose clinical status commits their conduct.
Patients ' Duties
Art. 27.-Any patient or legal representative who requests or receives an outpatient or hospital health service, for appropriate diagnosis and treatment, will have the following duties:
a) Provide truthful and complete information of your data personal, personal and family history, and the reason for their consultation or hospitalization;
b) Fulfilling the indications and prescriptions provided by the health personnel and submitting to the measures indicated to them, when their state may constitute damage to public health;
c) Take care of facilities, equipment and furniture in which they are cared for as well as their relatives and visits, as well as collaborating with the maintenance, order and hygiene of the
themselves;
d) Making proper and rational use of the pharmaceutical benefits and incapacity for work;
y,
e) Let us know in writing when medical prescriptions and
health service provider treatment methods are to be followed, or when I cause high volunteer.
Medical Prescriptions
Art. 28.-Every patient, family or legal representative must assume and comply with the general and specific prescriptions issued by the health service provider in order to comply with their
treatment and restore their health status; includes accepting hospital discharge when you have completed your care process.
Deber from Cancelling Medical Costs
Art. 29.-Every patient, family member or legal representative who receives health services in the area
must cancel the costs in the manner agreed with the health service provider, and request justification of the costs when they be modified.
Hospital costs should be covered from the moment of entry to the time
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the optional firm signs hospital discharge.
CHAPTER V RIGHTS AND DUTIES OF THE HEALTH SERVICE PROVIDERS
Section 1ª
RIGHTS OF HEALTH SERVICE PROVIDERS
Right of Health Service Providers to a Respectful Treatment
Art. 30.-To receive from any patient, companion or family, team and staff related to their work, a respectful treatment, be these professionals, technicians or administrative, as well
as the necessary collaboration for the best performance of your duties.
Rights of Health Professionals
Art. 31.-In addition to the rights regulated by the Health Code in Article 34 and other provisions relating to the matter, health professionals shall enjoy the following rights:
a) The health professional according to his or her experience, capacity and resources installed, will decide the best care procedure, respecting the norms, protocols
institutional and internationally recognized;
b) Get the patient and the family, the collaboration required for the best performance
of its functions;
c) Let's put on record of their refusal to carry out acts other than the nature of
their profession, the functions of their office and the conditions agreed with the patient or institution;
d) Contar with appropriate and safe facilities to ensure the good performance of your
tasks; and,
e) Receiving from the competent authority the necessary collaboration for the best development of
its functions.
Section 2TH DUTIES OF HEALTH SERVICE PROVIDERS
Health Service Prestors, Giving Respected to Patients and Family Care Providers
Art . 32.-Every health service provider throughout the waiting process, query, or
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hospitalization, shall provide the patient, legal representative or family member with a treatment worthy and respectful.
Health Services Prestors ' Duties
Art. 33.-Every health service provider shall have the following duties:
a) Give compliance and ensure the dissemination of the rights and duties that this Act enshrines,
to all persons in care of their health;
b) Explain to patients and users, in a clear, concise and detailed way about the
disease or condition that they suffer, and their diagnosis, treatment, medication, duration and possible side effects;
c) Ensuring professional secrecy, such as as specified in Article 20 of this Law;
d) Custodian of Clinical Records of patients, adopting the appropriate technical measures and procedures for the protection and protection of the data contained therein and prevent their destruction or loss;
e) Having a diligent, professional, ethical and moral performance; and must respond when, through negligence, impericia, ignorance, inexcusable abandonment, damage or death to a
patient;
f) Place in its facilities and establishments in a public and visible manner, rights
and duties of patients; and,
g) Apply the best care procedure, respecting the rules institutional
established, according to their installed experience, capacity, and resources.
Report
Art. 34.-Every health service provider shall explain to the patient in detail what is stipulated in Article 13 of this Law.
Liability for Personnel Recruitment
Art. 35.-All health service providers are public or private, including the
Salvadoran Social Security Institute, will be responsible for the actions of contract workers under any form of hiring; Both tender and subsequent procurement terms will include clauses to comply with this Law.
CHAPTER VI
PROHIBITIONS
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Of Patients
Art. 36.-Every patient who comes to receive a health service shall be prohibited as follows:
a) Offer to public health service providers any kind of reward in the form of direct payment for a service received;
b) To offer all kinds of insults, physical abuse, to health service providers, be it professional, technical or administrative, other patients or companions;
c) Consuming all kinds of drugs not prescribed or illegal, drinks embryants and tobacco consumption within any type of health facility;
d) Consume food and medications not prescribed by the physician at the time of being hospitalized, and endanger or delay recovery;
e) Provide untruthful, incomplete and lack of personal data from your health, to the health professional;
f) Not to comply with the treatments and medical indications prescribed by the health professional, except for the exceptions indicated in the literal e) of Article 27;
g) Irrespecting the privacy of the other patients and performing unseemly acts; and,
h) Attacking against dignity, honor and credibility of health service providers.
Of Health Services Providers
Art. 37.-Health service providers, public and private, in any of their professions and specialties are prohibited:
a) Profiting all kinds of insults to patients, family members or persons responsible being in the
public or private health establishment;
b) Allow the use of their name to a person not empowered by the respective Board, so that
exercises the profession;
c) Discharge, slander or try to harm by any means to another professional in the
exercise of the profession;
d) Promote relief or healing by means of Anti-scientific or dubious procedures;
e) Announce therapeutic agents of infallible effects;
f) Announce or apply drugs without therapeutic effects, attributing any action to them;
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except those used with placebo effect, duly justified by the professional of health;
g) Announce technical characteristics of your equipment or instruments that induce error or deception;
h) Exorder certificates in which the quality or quality of the
instruments or products are exalted or praised processed and distributed, with no support for validated studies;
i) Publish false professional successes, fictitious statistics, inaccurate data or any other
deception;
j) Use and publish in broadcast media, false references to techniques or procedures
personal, or that do not correspond to your professional training and inducing deception;
k) Publish letters of gratitude from patients;
l) Practice hypnosis for another purpose, other than the exercise of their profession;
m) Delegate in your technical staff or auxiliary, faculties and functions or privileges of their profession;
n) Exorder professional certifications for complacency or giving false data on the condition of non-existent diseases; and,
or) Apply treatments that are not adequate, in order to keep the disease or condition latent, with the purpose of obtaining permanent patient fees.
The foregoing without prejudice to other prohibitions laid down in the laws relating to health, and the Regulations.
CHAPTER VII OF HEALTH CARE WORKERS
Health Workers Obligations
Art. 38.-Health workers, who work as administrative and service support, in
the public and private sphere, shall perform their duties in accordance with this Law, contracts, regulations, standards and protocols, and any other A provision issued by the governing body or the contractor.
Responsibility of Health Workers
Art. 39.-Health workers, in the public area, will be punished according to the
standards and protocols of health service providers; and in the private area according to the
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labor contracts.
CHAPTER VIII VIOLATIONS AND PENALTIES
Section 1ª
VIOLATIONS
Patients Infractions
Art. 40.-When a patient, his family or representative, perform actions that are considered to have violated rights, duties and prohibitions contained in this Law, and the internal rules of the
health facilities, the authority of the the health service provider will inform the patient verbally about the possible infringement and that the Tramitator Office of Complaints will be informed in writing to continue with the corresponding administrative process, established in Article 54
of this Law; if it is determined that an infringement has been committed, send a written warning to the health provider to be incorporated into the patient's file.
Health Services Prestors
Art. 41.-Violations of this Law, for health service providers, and
health professionals, are classified into severe, less severe and less severe.
Serious infractions
Art. 42.-Constitute serious infractions:
a) Not being properly accredited, certified and authorized, to exercise the professions related to health;
b) Negating emergency care to a patient, putting at risk your life,
in the National Health and Private System establishments;
c) Derive patients from public services to private care by information
misleading or threatening to not receive care in the public establishment;
d) Provide the service with disrespect, insults, expletives and Hurtful phrases to the
patient;
e) Negating health care to a person or providing it with loss, due to their
beliefs, sex, sexual diversity, age, economic, social, political, or ideological status or other condition;
f) Give information, diagnosis, or intentionally altered treatment to a patient, which
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aggravate your health status;
g) Danar, alter or extract sheets from the clinical case of a patient or user;
h) Perform a medical procedure or treatment whether or not invasive without the express written consent of the patient or in his/her defect from his or her close family member, or representative;
i) Submit to a procedure medical research to a patient, without having obtained their informed consent by written, consciously expressing willingness
to do so;
j) Sestraer without authorization of medicines, instruments or medical supplies from the
establishment in which it provides health services;
k) Abandon al patient in their care, to provide private health services, in hours
work when it is a professional hired in the Public Health System. Except for cases of emergency and authorization of your superior;
l) Publicly disseminate medical and clinical information on a patient's health condition, which has been obtained from the medical care provided;
m) Exorder professional certifications for complacency or giving false data on the condition of non-existent diseases;
n) Hypnosis with another purpose, other than the exercise of their profession;
o) Proferir all kinds of insults and physical, psychological and moral maltreatment, to patients
family or responsible being inside all public or private health facilities; and,
p) Offer, give or receive any kind of reward in character of payment for a service
offered in establishments of the Public Network Health.
Less Serious Infrastructures
Art. 43.-Constitute less serious infractions:
a) Failure to deliver to the patient in writing, information in a clear, understandable, accurate and timely manner about their health status and the alternatives of healing to re-establish it;
b) Provide health care or performing a medical procedure without safeguarding the patient's privacy and privacy;
c) Prevent the patient from receiving a second opinion before performing a procedure
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when you have requested it;
d) Negate without justified cause to prescribe a drug, laboratory test,
cabinet examination and/or indicate a procedure, found in existence or being performed in the Public Health Network;
e) Promote relief or healing through procedures antiscientists or dubious;
f) Publish false professional successes, statistics fictitious, inaccurate data or any other deception;
g) Use and publish in broadcast media, false references to personal techniques or procedures, or that do not correspond to their professional training and that induce deception;
h) Health service providers are public, private, self-employed, including the Salvadoran Social Security Institute, when they do not contemplate in their terms of
tendering and hiring the guarantees provided for in this Law; and,
i) Damage to the infrastructure, medical equipment or inputs by the patient or user in
the establishment in which you are receiving health care.
Mild Violations
Art. 44.-Constitute minor infractions:
a) Prevent family members from visiting, without any justified cause;
b) Negate the income from spiritual assistance to patients who for their serious health condition
request it, provided that other patients are respected;
c) Negate the patient when the written report regulating Art. 14 of this Law is discharged, or grant it incomplete;
d) tacitly or express to resolve the suggestions, queries, complaints and complaints from a patient regarding the health care received;
e) Refuse to provide timely and clear details of the costs to be invested by the user for receiving health care;
f) Omit foliating the sheets that have been incorporated into the clinical file; and,
g) Treating patients, family members, or accompanying, insulting, threatening or assaulting healthcare professionals or health care establishment personnel.
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Section 2. SANTIONS
Sanctions
Art. 45.-The penalties to be imposed on the persons who commit the offences governed by this Law shall be:
a) For serious infringements, suspension of the professional year of one month to five years;
b) For the offences less serious, fine of one to twenty minimum monthly wages of the trade and service sector in force; and,
c) For minor infractions, written admonition added to the file of the Professional in the corresponding Supervisory Board, in the case of health professionals, and the patient's record, in the case of patients.
Sanctions Graduation Criteria
Art. 46.-For the imposition of the penalties provided for in this Law, the following criteria shall be taken into account:
a) The nature of the injury caused or degree of affectation to the life and health of the persons;
b) The degree of intentionality of the offender;
c) The degree of participation in the action or omission, as the case may be; and,
d) The ability to avoid the damage caused.
Payment of Multas
Art. 47.-The fines imposed must be cancelled within 30 working days after the final decision has been notified. The Council will provide the respective entry order
and enter the Council's Treasury.
After the deadline for payment of the fine without having been made effective, the Council will be
the resolution that contains it, which will have executive force for the purposes of charging through the court.
Suspension of the Term of the Suspension
Art. 48.-Once the final decision has been declared, the calculation of the suspension of the exercise
shall be from the next day to that of the notification made to the infringer or to his employer according to
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be the case.
The Board will commission the respective Supervisory Board for the compliance verification
of the sanction.
Professional Exercise Rehabilitation
Art. 49.-The professional who has been sanctioned with suspension of the professional exercise, once the sanction has been completed, will be rehabilitated when the respective Supervisory Board, issue the constancy to continue exercising.
Not to be issued Within three days of the day the penalty has been served, the professional will be entitled to exercise the profession in full.
Right to Denounce Administratively
Art. 50. Any patient, family member or representative shall have the right to report any infringement or violation of their rights under this Law, regardless of the actions that may arise from civil liability and
CHAPTER IX
PROCEDURE
Procedure Legality Principle
Art. 51.-The application of penalties in accordance with this Law shall be subject to the instruction of the corresponding sanctioning administrative procedure, which shall be dealt with in accordance
From Denunciation
Art. 52.-The complaint may be filed in writing, which must contain the identification of the complainant, his generals, the narration of the facts that violate this Law, the indication of the person allegedly responsible for the infringement and the place or a technical means to receive notifications,
or verbally, with the processing office having to record all those elements in a document signed by the complainant and the person receiving the complaint.
Procedure for Serious and Less Serious Violations
Art. 53.-Once the complaint has been received, within five working days the OTD shall forward to
the Board of Surveillance of the Profession concerned the opinion referred to in Article 8 (b) of this Law; according to the following rules:
1. The Board of Surveillance within five working days will issue the opening agreement
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of the sanctioning administrative procedure. In such an agreement, it will require the OTD to instruct the OTD within the maximum of thirty working days, making the knowledge in addition in writing and in person to the alleged infringer of the charges that
is attributed to, in the Three days after notification, make use of the right of defence. In that same act, it will order the carrying out of the useful investigations to the OTD and will define the preventive measures to guarantee the effectiveness of the procedure;
2nd. Instructed that it is the procedure, the OTD will transmit in original the file to the competent Supervisory Board, with the respective legal opinion, within the maximum period
of fifteen working days;
3rd. The corresponding Supervisory Board, within five working days of the
receipt of the file and opinion, shall indicate the day and time for the conclusion of the session, the following fifteen working days in which you will resolve by absolving or establishing the liability of the offender and imposing the corresponding penalty.
The competent Board will decide with a view of the car.
The test will be assessed according to the rules of sound criticism; and,
4th. The reasoned resolution or agreement must be notified in writing, within five working days of providing.
Procedure in Case of Minor Violations
Art. 54.-In the case of minor infringements, the OTD shall require the complainant to submit, within a maximum of five working days, the elements in which it bases his complaint in order to incorporate them into the file, and shall intimidate the complainant so that the five working days following the
presentation of the contributed by the complainant, give a statement on it, and in its case provide proof of discharge.
The OTD will then forward to the competent Board the file thus formed and
corresponding legal opinion, so that within ten working days from the receipt, celebrate the session at which the final resolution will be delivered, which will be issued with auto view.
CHAPTER X APPEAL RESOURCE
Resource Source
Art. 55.-Against the final resolution of the Surveillance Boards, the Board of Appeal will proceed only with the Council, and with respect to serious and less serious infractions.
The appeal will proceed against defects in the establishment of the facts, assessment of
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test, erroneous application or interpretation of the rule, or in the alteration of the forms essential to the sanctioning procedure.
Resource Interposition
Art. 56.-The Appeal Board shall report to the respective Board of Surveillance which issued the contested decision.
Appeal Written Requirements
Art. 57.-The application shall contain the following minimum requirements:
a) Submit the appeal within five working days of the notification of the
final resolution of the Surveillance Boards;
b) Being presented to the Board that you first met;
c) The document must contain the filing date, name, unique Identity Document number and signature of the data subject;
d) You must legitimize the class of interest with which you file the Appeal Resource as an appellant or proxy;
e) You must contain the factual and legal grounds for the grievances caused by the resolution issued by the Monitoring Boards;
f) It shall be, if relevant, establish the means of evidence to be entered into the debate which shall meet the requirements of the relevance for incorporation into the fulfillment;
and,
g) You must point out and set up technical or electronic means to receive notifications.
Admission or not of the Resource
Art. 58.-Once the Appeal Board has filed the respective Board of Appeal, it shall notify the party
contrary and to the Council and forward the written appeal within the following three working days, together with the file.
The Board will resolve and notify the parties about the admission of the resource.
When warning that no background or form requirements have been completed, the appellant will be provided with the
opportunity to correct the omissions or deficiencies. within a period not exceeding three working days, terminated by the latter and only if the case is not answered or not This is the case where the appeal is inadmissible. Prevention will not operate as a failure to meet the deadline to appeal
or when it is not objectively impeachable by appeal.
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Resource Processing
Art. 59.-Admitted to the appeal, the appellant will be granted a three-day hearing to develop the appeal points, which may not be different from those raised in the appeal.
to answer the appeal points
raised by the appellant within three days, and if applicable offer proof.
The evidence before the Council at second instance shall be governed by the provisions of the provisions
in the Code Civil and Commercial Procedural.
Final Resolution
Art. 60.-The transfer shall be concluded by the Council in writing within a period of 60 days from the date of the reply of the tort.
The decision on appeal shall be given by the Council. exclusively on the points and issues raised in the resource.
Once the resolution is pronounced, the actions will be returned to the Board that you first met to run it.
TITLE II
FINAL PROVISIONS AND VALIDITY
Prescription
Art. 61.-The action to denounce or to proceed from office to the investigation of the facts that sanctions the present Law, will prescribe as follows:
a) For the serious infractions within two years;
b) For the violations less severe within one year; and,
c) For minor infractions within six months.
The above deadlines will be counted from the date the facts took place.
Law Speciality
Art. 62. The provisions of this Law are of special character, therefore they shall prevail over any other than the contrarian.
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Regulation
Art. 63.-The President of the Republic upon a proposal from the Ministry of Health, will issue the Regulation
of this Law, within ninety days of its validity.
Allocation of Budgetary Resources
Art. 64.-The Ministry of Finance, through the Ministry of Health, will assign to the Superior Council of Public Health the budgetary resources for the installation of the Tramitator Office of Complaints to guarantee the effective implementation of the Present Law.
Vigency
Art. 65.-This Law shall enter into force thirty days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, ten days of the month of March of the year two thousand sixteen.
LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA,
FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA,
THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL,
FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ,
SEVENTH SECRETARY. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, five days into the month of April of the year two thousand sixteen.
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PUBESQUIESE,
Salvador Sánchez Cerén,
President of the Republic.
Elvia Violeta Menjívar Escalante, Minister of Health.
D. O. N ° 64
Took N ° 411 Date: April 8, 2016.
JQ /ada 05-05-2016
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